HomeMy WebLinkAbout6.1 Amend Smkng Pollution Cntrol Ord
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 13, 1993
SUBJECT: Public Hearing: Second Reading of Amendments to the Smoking
Pollution Control Ordinance.
~ (Prepared by: Bo Barker, Management Assistant)
EXHIBITS ATTACHED: ,;() Amendments to Dublin Municipal Code Chapter 5.56 - Smoking
~ollution Control
/2) Dublin Municipal Code Chapter 5.56 - Smoking Pollution Control
RECOMMENDATION: 1) Open Public Hearing
....., r.../ 2) Accept Public Testimony
(,WD 3) Close Public Hearing
4) Deliberate and either:
a) Waive the reading and adopt amendments; or
b) Reintroduce other amendments to the Ordinance
FINANCIAL STATEMENT: The proposed amendments would cost the City about $650 for 26
acrylic signs with 3" letters.
DESCRIPTION: At the regular City Council meeting on November 22, 1993, the City Council
directed staff to make amendments to Chapter 5, Title 56 of the Dublin Municipal Code relating to
Smoking Pollution Control.
The smoking pollution control proposed modifications stem from a movement of the Tri-Valley
Council, with representatives from Danville, San Ramon, Pleasanton, Livermore and Dublin, to create
a Valley wide smoking ordinance based on a Model Ordinance sponsored by the American Lung
Association.
As directed at the November 22, 1993 meeting, the amendments would change the Ordinance as
follows:
1) Starting in one year from the effective date of these amendment, all restaurant dining areas
would be prohibited from having smoking sections.
2) Require businesses to post signs which have letters at least three inches in height.
3) Ban the distribution of tobacco samples.
4) Prohibit cigarette vending machines.
Impacts of the Amendments
No Smoking in Restaurants starting on January 12,1995 (if Ordinance is adopted on December 13)
The effective date of the smoking ban in restaurant dining areas is January 12, 1995 since these
amendments would be effective 30 days after adoption. Parts of restaurants, such as bars, would
remain unregulated. Therefore, Staff would likely continue to receive complaints in restaurants as
secondhand smoke will still be able to reach nonsmoking dining areas.
Three inch (3 ") Signs
Section 5.56.080 of the current ordinance requires owners, operators, managers, or persons having
control of a building to conspicuously post signs I" in height or the international symbol. The
proposed amendment would require owners, operators, managers, or persons having control of a
COPIES TO:
CITY CLERK
FILE ~
ITEM NO. 6.1
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building, including the City, to enlarge the sign and change from the international symbol to signs
with written words.
The approximate size of a sign with 3" letters would be 2' x 4', while a sign with 2" letters would be
about 2' x 3 and a sign with I" letters would l' xl'. Examples of the signs, including the international
symbol, will be displayed at the City Council meeting. An acrylic sign, with '.3" letters would cost
approximately $25 to $30 each according to an estimate obtained from Past Signs in Dublin. The City
would incur a cost of approximately $650 for 26 signs in order to comply with this amendment.
Businesses could expect similar per sign expenditures in order to come into compliance with this
amendment.
Ban on V ending Machines and prohibition of Tobacco Samples
There are no significant impacts related to the ban on vending machines and prohibiting tobacco
samples.
The American Lung Association Business Assistance Program
The American Lung Association has indicated they have a business assistance program designed to
assist any business with the implementation of a smoke free environment. Staff will provide contacts
at the American Lung Association to interested businesses who are impacted by the ordinance.
Staff recommends the City Council conduct a Public Hearing and adopt amendments or reintroduce
new amendments to the Smoking Pollution Control Ordinance.
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Ordinance No. - 93
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING TITLE 5, CHAPTER 56 OF THE DUBLIN
MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL.
The City Council of the City of Dublin, does ordain as follows:
Section 1 - Definitions
Section 5.56.040 of the Dublin Municipal Code (DMC> is amended to include the following:
"Vending Machine" means any electronic or mechanical device or appliance, the operation of which
depends upon insertion of money, whether in coin or in paper bill, or other thing representative of
value, which dispenses or feleases a tobacco product and/ or tobacco accessories.
Section 2 - Prohibition of Smoking in public places.
Effective January 13, 1995 subsection 7 of subdivision A of Section 5.56.050 of the DMC shall be
repealed in its entirety and replaced with the following.
7. Restaurants, excluding outdoor dining areas, and the bar portion of the restaurant.
Section 3 -Tobacco Vending Machines Prohibited and Tobacco Samples Prohibited
5.56.115- shall be added to the DMC to read as follows:
A. No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a
vending machine or other appliance, or any other device designed or used for vending purposes.
B. No person shall knowingly distribute or furnish without charge, or cause to be furnished without
charge to the general public, cigarettes or other tobacco products, or coupons for cigarettes or other
tobacco products, at any event open to the public, or in any public place including but not limited to,
any right-of-way, mall Of shopping center, park, playground, and any other property owned by the
city, any school district, or any park district, except in retail tobacco stores.
Section 4 - Posting of Signs
Section 5.56.080 (A> of the DMC shall be repealed in its entirety and replaced with the following.
A. "Smoking Allowed" or "No Smoking Allowed" signs, whichever are appropriate with letters of not
less than three (3") in height, shall be clearly, sufficiently and conspicuously posted at every entrance
to and in every building or other place where smoking is controlled by this article, by the owner,
operator, manager or other person having control of such building or other place.
Section 5 - Effective Date and Posting of Ordinance
This ordinance shall take effect and be in force 30 days after its adoption or on January 12, 1994,
whichever is later. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
Exhibit 1
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least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
PASSED, APPROVED AND ADOPTED this 13th day of December, 1993
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
5.56.010
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It C1TY OF OuaUN
P.O. Box 2340
Cublln. CA 94568
Chapter 5.56
SMOKING POLLUTION
CONTROL
Sections:
5.56.010
5.56.020
5.56.030
5.56.040
5.56.050
5.56.060
5.56.070
5.56.080
5.56.090
5.56.100
5.56.110
.5.56.120
5.56.130
5.56.140
Title.
Findings and purpose.
Applicability.
Definitions.
Prohibition of smoking
in public places.
Regulation of smoking in
places of employment.
Areas not regulated.
Posting of signs.
Retaliation prohibited.
Public education by city.
Public education-
Cooperation with other
agencies.
Interpretation.
Enforcement-
Administrative officer
designated.
Violation-Penalty.
5.56.010 Title.
This chapter shall be known as "the
smoking pollution control ordinance."
(Ord. 13-86 ~ 1000)
5.56.020 Findings and purpose.
A. The City Council finds that:
1. Numerous studies have found that
tobacco smoke is a major contributor to
indoor air pollution; and
2. Reliable studies have shown that
breathing secondhand smoke is a signifi-
cant health hazard for certain population
groups, including. elderly people, indi-
viduals with cardiovascular disease,. and
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individuals with impaired respiratory
function, including asthmatics and those
with obstructive airway disease; and
3. Health hazards induced by
breathing secondhand smoke include
lung cancer, respiratory infection,
decreased exercise tolerance, decreased
respiratory function, bronchoconstric-
tion, and bronchospasm; and "
4. Nonsmokers with allergies, respira-
tory diseases and those who suffer other
ill effects of breathing secondhand smoke
may experience a loss of job productivity
or may be forced to take periodic sick
leave because of adverse reactions to
same; and
5. Numerous studies have shown that
a majority of both nonsmokers and
smokers desire to have restrictions on
smoking in public places and places of
employ~ent;
6. Smoking is a documented cause of
fires, and cigarette and cigar bums and
ash stains on merchandise and fixtures
cause economic losses to businesses.
B. Accordingly, the City Council
finds "and declares that the purposes of
this chapter are (I) to protect the public
health and welfare by prohibiting smok-
ing in public places except in designated
smoking areas, and by regulating smok.
ing in places of employment; and (2) to
strike a reasonable balance between the
needs of smokers and the need of non.
smokers to breathe smoke-free air, and to
recognize that, where these needs con-
flict, the need to breathe smoke-free air
shall have priority. (Ord. 13-869 1001)
5.56.030 Applicability.
All enclosed facilities owned by the
city shall be subject to the provisions of
this chapter. (Ord. l3~86 g 1003)
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EXHIBIT d
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5.56.040 Definitions.
The following words and phrases,
whenever used in this chapter, shall be
construed as defined in this section:
"Bar" means an area which is devoted
to the serving of alcoholic beverages and
in which the service of food is only inci-
dental to the consumption of such bev-
erages.
"Business" means any sole pro-
prietorship, partnership, joint venture,
corporation or other business entity
formed for profitmaking purposes,
including retail establishments where
goods or services are sold as well as pro-
fessional corporations and other entities
where legal, medical, dental, engineering,
architectural, or other professional serv-
ices are delivered.
"Dining area" means any enclosed
area containing a counter or tables upon
which meals are served.
"Employee" means any person who is
employed by any employer in considera-
tion for direct or indirect monetary wages
or profit, and any person who volunteers
his or her services for a nonprofit entity.
"Employer" means any person, part-
nership, corporation, or nonprofit entity,
including a municipal corporation, who
employs the services of one or more per-
sons.
"Enclosed" means closed in by roof
and four walls with appropriate openings
for ingress and egress.
"Nonprofit entity" means any corpo-
ration, unincorporated association, or
other entity created for charitable, educa-
tional political, social, or other similar
purposes, the net proceeds from the oper-
ations of which are committed to the pro-
motion of the objects or purposes of the
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5.56.040
organization and not to private financial
gain. A public agency is not a "nonprofit
entity" within the meaning of this sec-
tion.
"Place of employment" means any
enclosed area under the control of a pub-
lic or private employer which employees
normally frequent during the course of
employment, including, but not limited
to, work areas, employee lounges, and
restrooms, conference and class rooms,
cafeterias and hallways. Except:
1. A private residence is not a place of
employment, unless it is used as a child
care or a health care facility;
2. The dining area of a restaurant is
not a "place of employment."
"Public place" means any enclosed
area to which the public is invited or in
which the public is permitted, including,
but not limited to: banks, educational
facilities, health facilities, public trans-
portation facilities, reception areas, res-
taurants, retail food production and
marketing establishments, retail service
establishments; retail stores, theaters,
and waiting rooms.
"Restaurant" means any coffee shop,
cafeteria, tavern, sandwich stand, soda
fountain, private or public school caf-
eteria, and any other eating establish-
ment, organization, club, boarding-
house, or guesthouse, which gives or
offers food for sale to the public, guests,
patrons, or employees, ex.cept that the
term "restaurant" shall not include a
cocktail lounge or tavern if said cocktail
lounge or tavern is a "bar" as defined in
the subsection defining "bar" in this sec-
tion.
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5.56.040
"Retail tobacco store" means a retail
store utilized primarily for the sale of
tobacco products and accessories.
"Service line" means any indoor line
at which one or more persons are waiting
for or receiving service of any kind,
whether or not such service includes the
exchange of money.
"Smoking" means inhaling, exhaling,
burning, or carrying any lighted pipe,
cigar, or ciga.rette of any kind, or any
other combustible substance.
"Sports arena" means sports pavil~
ions, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice
rinks, bowling alleys and other similar
places where members of the public
assemble to engage in physical exercise,
participate in athletic competition, or
witness sports events. (Ord. 13-86 S 1002)
5.56.050 Prohibition of smoking in
public places.
A. Smoking shall be prohibited in all
enclosed public'places within the City of
Dublin including, but not limited to, the
following places:
1. Elevators and restrooms;
2. Buses, tax.icabs and other means of
public transit under the authority of the
city, and in ticket, boarding, and waiting
areas of public transit depots; provided,
however, that this prohibition does not
prevent (a) the establishment of separate
waiting areas for smokers and non-
smokers, of equal size or (b) the establish-
ment of a maximum of fifty percent
(50%) ofa given waiting area as smoking
area;
3. Service lines;
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4. Retail stores, except areas in said
stores not open to the public and all areas
within retail tobacco stores;
5. Retail food marketing establish-
ments, including grocery stores and
supennarkets, except those areas of such
establishments set aside for the purpose
of serving of food and drink, restrooms
and offices, and areas thereof not open to
the public, which may be otherwise regu-
lated by this chapter;
6. All areas available to and custom-
arily used by the general public in all
businesses and nonprofit entities
patronized by the public, including, but
not limited to, business offices, banks,
hotels and motels;
7. Restaurants; provided, however
that this prohibition does not prevent (a)
the designation of a contiguous area
within a restaurant that contains a max-
imum of fifty percent (50%) of the seating
capacity of the restaurant as a smoking
area, or (b) providing separate rooms des-
ignated as smoking rooms, so long as said
rooms do not contain more than fifty
percent (50%) of the seating capacity of
the restaurant;
8. Public areas of aquariums, librar-
ies, and museums when open to the pub-
lic; provided, however, that this
prohibition does not prevent the designa-
tion of a contiguous area containing a
maximum of fifty percent (50%) of a
lobby as a smoking area;
9. Any building not open to the sky
which is used primarily for exhibiting
any motion picture, stage drama, lecture,
musical recital or other similar perform-
ance, except when smoking is part of any
such production; provided however, that
190
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this prohibition does not prevent the des-
ignation of a contiguous area containing
a ma.;dmum of fifty percent (50%) of a
lobby as a smoking area;
10. Sports arenas and convention
halls, except in designated smoking
areas;
11. Every room, chamber, and place
of meeting or public assembly, including
school buildings under the control of any
board, council, commission, committee,
or agencies of the city or any political
subdivision of the state during such time
as a public meeting is in progress, to the
extent such place is subject to the juris-
diction of the city;
12. Waiting rooms, hallways, wards,
and semi-private rooms of health facili-
ties, including, but not limited to, hospi-
tals, clinics, physical therapy facilities,
doctors' offices and dentists' offices. In
bed space areas of health facilities used
for two or more patients, smoking shall
be prohibited unless all patients within
the room are smokers and request in
writing upon the health care facility's
admission forms to be placed in a room
where smoking is permitted;
13. Polling places.
B. Notwithstanding any other provi-
sion of this section, any owner, operator,
manager or other person who controls
any establishment described in this sec-
tion may declare that entire establish-
ment as a nonsmoking establishment.
(Ord. 13-86 S 1004)
5.56.060 Regulation of smoking in
places of employment.
A. It shall be the responsibility of
employers to provide smoke-free areas
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5.56.050
for nonsmoking employees within exist-
ing 'facilities to the maximum extent pos-
sible, but employers are not required to
incur any expense to make structural or
other physical modifications in provid-
ing these areas.
B. Within sixty (60) days of the effec-
tive date of the ordinance codified in this
chapter, each employer and each place of
employment located within the city shall
adopt, implement, make known and
maintain a written smoking policy,
which shall contain at a minimum the
following requirements:
. 1. Any employee in a place of employ-
ment shall have the right to designate his
or her work area as a non-smoking area
and to post the same with an appropriate
sign or signs, to be provided by the
employer;
2. Prohibition of smoking in
auditoriums, classrooms, conference and
meeting rooms, elevators, hallways,
medical facilities, and restrooms;
3. Provision and maintenance of sep-
arate and contiguous nonsmoking areas
of not less than fifty percent of the seating
capacity and floor space in cafeterias,
lunchrooms and employee lounges or
provision and maintenance of separate
and equal sized cafeterias, lunchrooms
and employee lounges for smokers and
nonsmokers;
4. In any dispute arising under this
smoking policy, the health concerns of
the nonsmoker shall be given prece-
dence.
C. The smoking policy shall be com-
municated to all employees within three
weeks of its adoption.
191
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5.56.060
D. All employers shall supply a writ-
ten copy of the smoking policy to any
prospective employee.
E. Notwithstanding any other provi-
sions of this section, every employer shall
have the right to designate any place of
employment, or any portion thereof, as a
nonsmoking area. (Ord. 13M86 ~ 1005)
5.56.070 Areas not regulated.
A. Notwithstanding any other provi-
sions of this chapter to the contrarY the
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following areas shall not be subject to the
smoking restrictions of this chapter:
1. Bars;
2. Private residences, except when
used as a child care or a health care facil-
ity;
3. Hotel and motel rOoms rented to
guests;
4. Restaurant, hotel and motel con-
ference or meeting rooms, and public
and private assembly rooms while these
places are being used for private func-
tions;
5. A private enclosed place occupied
exclusively by smokers, even though
such a place may be visited by non-
smokers.
B. Notwithstanding any other proviM
sion of this section, any owner, operator,
manager, or other person who controls
any establishment described in this sec-
tion may declare that entire establishM
ment as a nonsmoking establishment.
(Ord. 13-86 ~ 1006)
5.56.080 Posting of signs.
A. "Smoking" or "No Smoking:"
signs, whichever are appropriate, with
letters of not less than one inch (1") in
.
height, or the international "No Smok-
ing" symbol (consisting ofa pictorial rep-
resentation of a burning cigarette
enclosed in a red circle with a red bar
across it) shall be clearly, sufficiently and
conspicuously posted in every building
or other place where smoking is con-
trolled by this article, by the owner, oper-
ato~, manager or other person having
control of such building or other place.
B. Every theater owner, manager or
operator shall conspicuously post signs in
the lobby stating that smoking is prohib-
ited within the theater or auditorium,
and in the case of motion picture the-
aters, such infonnation shall be shown
upon the screen for at least five seconds
prior to the sho~ing of each feature
motion picture.
C. Every restaurant shall have posted
at every entrance a sign clearly stating
that a nonsmoking section is available
and the size ofthat section. Every patron
shall be asked as to his or her preference
by the host or hostess (if one is on duty).
A person taking reservations for a restauM
rant shall likewise ask if there is a nonM
smoking or smoking preference. (Ord.
13M86 ~ 1007)
5.56.090 Retaliation prohibited.
No person or employer shall disM
charge, refuse to hire, or in any manner,
retaliate against any employee or appli-
cant for employment because such
employee or applicant exercises any
rights afforded by this chapter. (Ord.
13-86 ~ 1010)
5.56.100 Public education by ciry.
A. The City Manager shall engage in a
continuing program to explain and clar-
ify the purposes of this article to citizens
192
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affected by it, and to guide owners, oper-
ators and managers in their compliance
with it.
B. The City Manager shall leave the
responsibility of conducting a public
education campaign regarding the health
consequences of smoking to other gov-
ernmental and health agencies equipped
with the needed expertise to conduct
such campaigns. (Ord. 13-86 9 lOll)
5.56.110 Public education-
Cooperation with other
agencies.
The City Manager shall annually
request other governmental and educa-
tional agencies having facilities wi~hin
the city to establish local operating pro-
cedures in cooperation and compliance
with this chapter. The City Manager shall
urge federal, state, county and special
school district agencies to enforce their
existing smoking control regulations and
to comply voluntarily with this chapter.
(Ord. 13-86 9 10 12)
5.56.120 Interpretation.
This chapter shall not be interpreted or
construed to permit smoking where it is
otherwise restricted by other applicable
laws. (Ord. 13-86 9 1013)
5.56.130 Enforcement-
Administrative officer
designated.
A. Enforcement shall be imple-
mented by the City Manager.
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5.56.100
B. Any citizen who desires to register
a complaint hereunder may initiate
enforcement with the City Manager, or
his designees.
C. Any owner, manager, operator or
employer of any establishment con-
trolled by this chapter shall have the right
to inform persons violating this chapter
of the appropriate provisions thereof.
D. Notwithstanding any other provi-
sions of this chapter, a private citizen
may bring legal action to enforce this
. chapter. (Ord. 13-869 1008)
5.56.140 Violation-Penalty.
A. It is unlawful for any person who
owns, manages, operates or otherwise
controls the use of any premises subject
to the regulation under this chapter to fail
to comply with its provisions. The
owner, manager or operator of a restau-
rant shall not be deemed in violation of
Section 5.56.080 C if the host or hostess
of the restaurant fails to ask the seating
preference of patrons, but shall be
deemed in violation thereofifthe restau-
rant has no stated policy requiring that
patrons be asked their preference.
B. It is unlawful for any person to
smoke in any area restricted by the provi-
sions of this chapter.
C. Any person who violates any
provision of this chapter shall be guilty of
an infraction, punishable by:
1. A fine not exceeding one hundred
dollars ($100),. for first violation;
2. A fine not exceeding two hundred
dollars ($200), for a second violation of
this chapter within one (1) year;
3. A fine not exceeding five hundred
dollars ($500), for each additional vio-
lation of this chapter within one (1) year.
(Ord. 13-86 9 1009)
193